Treaty of Barbergen
The Treaty Establishing the Basic Principles, Framework and Functioning of a Community of the Northern Belt Nations in the Toy Islands, better known by its shortened form of the Treaty of Barbergen, is the founding treaty of the Barbergen Community, a supranational union of the Northern Belt nations in the Toy Islands. It was signed on the 2nd May 1996 in Barbergen, Teddy Bear Republic Empire and ratified the following year by the six current member states of the Community: the TBRE, the Laltofian Confederation, Svaltestein, the McFluffle Bunny Empire, Poldovia and Drondaria. Despite having been preceded by the Tonka Declaration, where member states pledged solidarity, and the Community Charter of Sapient Rights, which was incorporated into the Community; the Treaty is considered to be the first constitutional basis of the Community. The Treaty has undergone three reviews, per its provisional, in 2001, 2006 and 2011; but no major changes or amendments were applied. The Treaty is composed of 7 Titles, outlining the principles of the Community and its intergovernmental and supranational institutions. Title III to VI cover social, economic, foreign and defense policy, respectively, while the last Title concerns the implementation of the Treaty. Five protocols were annexed to the Treaty and are generally considered to be a critical part of it. Background Following the Friendly Times between the TBRE and Tabi'atstan, TBRE President-Minister Rudy Schoener sought to reassure its allies about its commitment to democracy. Inspired by the European Union and pushed by Mikhail Palchensky, Schoener also aimed to pursue his policy of creating a more unified, pacific and internationally relevant region through the collaboration of nations. Poldovia, which had gained independence from Krakozhia, also wanted military and economic security against the Communist states that proved strong enough to survive the end of the Cold War. Drondaria, an ex-colony that had amicably split from the TBRE, was encountering economic difficulties as their raw resources faced high tariffs from the Laltofian Commonwealth, which had imposed preferential treatment towards member countries. Other countries were inspired to improve their economic situation by streamlining regulations and policies with other countries with whom they traded with. Schoener had potential member nations sign the Tonka Declaration, where signatories pledged solidarity in their aims and their work, and also to discuss the creation of a regional union. He also initiated the Community Charter of Sapient Rights in 1995, affirming the fundamental rights and freedoms of all sapient beings. This process of initial negotiations eventually led to talks discussing the formation of a Barbergen Community. Content The Preamble reiterates the peaceful and social rationale behind the Community and the Parties’ commitment to freedom, liberty, democracy, the rule of law, and equality. The Parties further agreed to create international institutions and streamline their policies under the auspices of the Community to achieve common aims. Title I (Articles 1 to 22) formally establishes the Community and lays out its founding objectives and principles. The Parties recognize the supremacy of Community decisions over national decisions, and agree that officials to and from the Community will be given diplomatic privileges. It opens up Community membership and observership to other states and organizations, subject to certain conditions, and provides for the sanctioning and suspension of members who do not follow the Treaty. Community symbols, working languages, and headquarters are provided for. Lastly, the Community’s financing is detailed. Title II (Articles 23 to 73) creates subordinate organs of the Community, their competencies and functioning. The Intergovernmental Council, composed of representatives from each state, is the supreme body of the Community responsible for reviewing all activities, including that of other bodies. The Parliament is a directly-elected organ responsible for law-making and holds similar powers of oversight as the Council. If it disagrees with the Intergovernmental Council following fresh elections, Parliament’s decisions are supreme. The Secretariat is charged with administrative duties and its work is divided amongst Committees. It is led by an Executive Council, chaired by a Chief Secretary who must be approved by the Council and the Parliament. The Common Economic Council and the Common Council for Defence are also created to implement other Titles elsewhere in the Treaty. Title II also founds the Courts of Justice to settle disputes and declare the legality of national and international actions; subordinate courts are also created to deal in the more specialised areas of sapient rights, commercial and military law. The Common Socio-Economic and Cultural Advisory Council serves an advisory role to the Community. Lastly, Title II creates a civil service for the Community to staff each organ. Title III (Article 74 to 83) creates a common Community citizenship, affirms commitment to the Community Charter for Sapient Rights of 1995, and provides for common policies in law enforcement, the environment, education, health and cultural protection. Title IV (Article 84 to 102) creates an economic union among the Community, where people, products and services can move about freely without charges within the Community. It also sets up a common economic policy among members and a future Convention for a Common Travel Zone where internal border controls are abolished. A timescale of 20 years from the ratification of the Treaty is established to bring about all provisions in Title IV. Title V (Article 103 to 114) provides for a common foreign policy among the Community, and allows the Community to make agreements and accredit diplomats in its own right. Although members of the Community can still conduct their own international relations, these should not contradict the relations of the Community. Title VI (Article 115 to 123) develops a common defense policy that allows the Community to consult with each other and come to each others’ aid in the event of a security threat to one or more members. Each member is still ultimately responsible for military deployments and declarations of war, however. Title VII (Article 124 to 136) details the process of ratifying and implementing the Treaty among member states. Moreover, it allows the Intergovernmental Council or the Courts of Justice to interpret the Treaty, and for amendments to be made to the Treaty. Accompanying Protocols There are five protocols that were originally annexed to the Treaty of Barbergen: The Protocol Concerning the Status of the Laltofian Confederation acknowledges that for the purposes of the Treaty and the Community, the Laltofian Confederation shall be considered to be one country. The Protocol Concerning the Protectorate Republic of Valreșia recognizes that Valreșia, whose foreign and defense policy is the responsibility of the Teddy Bear Republic Empire, will not automatically become a member of the Community when the TBRE becomes a member. The Protocol Concerning Symbols of the Community creates an official Community motto, anthem, day, emblem and flag. The Protocol Concerning the Seats of the Organs of the Community provides for the different locations of the official seats of each Community organ. The Protocol Recognising the Position of the Laltofian Elderdom of Svaltestein on Collective Defence and Security acknowledges that Svaltestein, in view of its longstanding neutrality, will not partake in Title VI of the Treaty. Category:Barbergen Community